I can't pay child support, what do I do?

In NC, like most states, each parent has an equal duty to support their child. So, child support payments are calculated based on the income of both parents. The payments are then made to the person who has custody of the child the majority of the time.

To change the amount of child support based on a change in income, you must show the court that there is a "substantial change in circumstances." You must file a Motion to Modify Child Support showing that you are not willfully suppressing your income to avoid child support and that, based on the NC Child Support Guidelines, your payments should decrease. There are several factors that can assist in a modification of child support, including:

1. Change of income by either party
2. Financial responsibility to other children 
3. Cost of Health, Education and Maintenance of the child 
4. Any other permanent and substantial change 

Keep in mind that a modification of child support is only retroactive back to the date that the motion was served on the other parent. So file your motion to modify as soon as you are no longer able to pay the support amount as the original amount will otherwise continue to accrue. To calculate your potential child support payment go to the NC Child Support Agency website and enter the information requested.

If you have questions, contact me at 919-321-6569, Nastasia@KisalaWatkins.com; www.KisalaWatkins.com.